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HomeMy WebLinkAboutMin 03-16-88101 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - MARCH 16, 1988 The City Council convened in a regular session at 6:30 p.m. in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. Staff present: Acting City Manager/Electric Utilities Director Roper, City Attorney Rapport, Public Works Director/City Engineer Pedroncelli, Community Development Director Harris, Finance Director Vara, Fire Chief Mitchell, Personnel Director/Administrative Assistant Horsley, City Manager's Secretary Stamelos, and City Clerk Hayes. Invocation/Pledge of Allegiance Mayor Henderson delivered the Invocation and the City Attorney led the Pledge of Allegiance. Proclamation - Adult and Continuation Education Day - March 24, 1988 Mayor Henderson read the Proclamation declaring March 24, 1988 as Adult and Continuation Education Day and presented the same to Roberta Valdez. Ms. Valdez invited Council to the March 24, 1988 meeting regarding adult and continuation education. Approval/Correction of Minutes Mayor Henderson made corrections to the City Council Minutes of the Regular Meeting of March 2, 1988, as follows: Page 3, under Item 7a, fifth paragraph omit positively and add the permit is based on square footage. Page 4, under Item 10a, first paragraph omit the second sentence. Page 5, under Councilmember Schneiter's remarks correct the spelling of tilemarketing to telemarketing. M/S Hickey/Myers approved the City Council Minutes of the Regular Meeting of March 2, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Mayor Henderson made corrections to the City Council Minutes of the Special Meeting of March 7, 1988, as follows. Page 1, under Item 2a, #3 issue correct the spelling of forth to fourth. Page 2, third paragraph, fourth line omit hours and add their ~obs. Councilmember Shoemaker made a correction to same minutes as follows: Page 1, under Item 2a, eighth paragraph after the word negotiations add a comma and the following: offered a one year contract extension and is willing to talk if the Fire District wishes. M/S Hickey/Shoemaker approved the City Council Minutes of the Special Meeting of March 7, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Right To Appeal Decision Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. Consent Calendar Councilmember Hickey pulled Item 7d - Award of Bid - Two Pickup Trucks from the Consent Calendar. It then became New Business Item lld. Councilmember Shoemaker pulled Item 7c - Award of Bid - Hangar Doors from the Consent Calendar. It then became New Business Item lle. M/S Schnetter/Hickey approved the Consent Calendar Items 7a, 7b, 7e, and 7f, as follows: 102 7a. Approved the Payroll Warrants of March 16, 1988, #22847 to #22991, in the amount of $96,828.07. 7b. Approved the General Warrants of March 16, 1988, #37176 to #37341, in the amount of $675,770.05. 7e. Adopted Resolution No. 88-33, Authorizing the City Manager to Sign the Required Local Agency - State Agreement and Other Documents Required for Federal Aid Project Talmage, Road X-ing. 7f. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Petitions and Communications 9a. Letter from the City of Willits requesting City of Ukiah participation ir the Willits July 4 Parade The Acting City Manager/Electric Utilities Director noted the letter received. Councilmember Shoemaker expressed interest in participating. Councilmember Myers questioned the reason for the agenda matter. He stated he thought the fire department represented the City on these matters. It was the consensus of the Council that the City of Ukiah will Participate in the Willits July 4 parade. Notification will be sent. Unfinished Business 10a. Adoption of Resolution Authorizing Main Street Application The Community Development Director reported on the progres~ of the Main Street application and noted it will be completed in two weeks. M/S Hickey/Schneiter adopted Resolution No. 88-34, Authorizing Participation in the "Main Street" Program and Designating The City Manager to Coordinate Ail Program Activities. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. New Business lla. Request Authorization for Support of Russian River Flood Control District - Installation of Check Dams on the Russian River The Public Works Director/City Engineer reported on Mr. Akerstrom's request. The Mayor read a letter submitted by Betty Ball, Coordinator of the Mendocino Environmental Center. Gary Akerstrom addressed Council on the subject. He believes that since the dam was built the river's banks are being scoured and degraded, bridge foundations are being undermined, filter gravels are being eroded away, the water table is decreasing, and gravels in the tributaries are being reduced. The Mendocino County Russian River Flood Control and Water Conservation Improvements District would like to see the Army Corps of Engineers focus a study on check dams for the Russian River. Discussion ensued. M/S Shoemaker/Htckey supported the concept of a focus study to see if check dams could solve the present problem on the Russian River. The motion was carried by a unanimous voice vote. NOES: None. Public Hearing 8a. Introduction of Ordinance - Cross Connection Control The Public Works Director/City Engineer reviewed the proposed ordinance. Reg. Mtg. March 16, 1988 Page 2 103 Public Hearing Opened - 7:10 p.m. Julie Whalen, 125 South Dora, asked where she could obtain a ~copy of the proposed ordinance. Dallas Carpenter, 182 Thomas Street, glad to see the City adopt such a policy. Public Hearing Closed - 7:12 p.m. M/S Hickey/Schneiter Ordinance No. 874 be introduced by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk introduced Ordinance No. 874 by title only. M/S Hickey/Schneiter introduced Ordinance No. 874, Adding Article 12 to Chapter 1 of Division 4 of the Ukiah City Code, Providing for the Protection of Public Water Supply by Requiring Backflow Protection. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. 8b. ~ppeal of Planning Commission Decision - Use Permit No. 88-60 and Variance Application No. 88-59, for the Expansion of Ford Street Guest House The Community Development Director reported on the Planning Commission's approval of the use permit for the Ford Street Guest House and the approval with conditions for the variance application. He explained further the additions are family units, the day care facility are for the families staying at the facility, and the variance allowed for three parking spaces not having to be paved. There was discussion by the City Attorney regarding Government Code Section 65008(e). Public Hearing Opened - 7:25 p.m. Jeff Trouette, 807 Maple Avenue/owner of a home at 124 Ford Street, stated reasons for the appeal; believes site is being maximized, parking is not now and will not be adequate, and already a high traffic area which will increase. Further it was noted night meetings continue the traffic problem into the night. Roy Tindle, Mendocino County Community Development Commission (CDC) explained the proposal will now be reduced by two bedrooms and changed for office space; thus the parking will be reduced by two. Discussion ensued with the Community Development Director having not heard of the change. Louis Tollini, 301 Gibson Street, questioned the parking spaces being required. Mark Rohloff, 1200 Sanford Ranch Road, Manager of Ford Street Guest House, explained the current parking situation, current night meetings, staggered shifts for staff, and the new reduction of the proposed project. Mike Pucci, Director of CDC, explained the one and two bedroom units further. Jeff Trouette believes the expansion of the Ford Street Guest House will devalue the surrounding properties. Mark Rohloff stated how the Ford Street Guest House provides stability for needy families. Public Hearing Closed - 7:46 p.m. Councilmember Hickey asked if the proposed change will have to go back to the Planning Commission. Reg. Mtg. March 16, 1988 Page 3 104 The City Attorney explained that Council can modify any conditions and approve new reductions. Councilmember Schneiter expressed concern with the plot plan and its being deficient in showing stripping, circulation, etc. Discussion ensued at length regarding the new proposal and required parking spaces being reduced by two, thus, no variance would have to be required. Councilmember Shoemaker believes the project is unique and helps to address the homeless need in the community. Council began verbalizing motions and after several attempts; M/S Shoemaker/Hickey granted the appeal without prejudice due to the fact the changes proposed with project will modify the use permit and have an effect on parking variance. Councilmember Schneiter again expressed concern with the inadequate plot plan and noted he would vote against the project if it were before him again in such a manner. Roy Tindle explained the parking stripping was addressed previously and asked if a fee would have to be paid again if CDC had to apply for a new use permit. He was referred to Staff. The motion was carried by the following roll call vote: AYES: Councilmembers Hickey, Schneiter, and Mayor Henderson. NOES: Councilmembers Shoemaker and Myers. RECESS: 8:22 p.m. to Redevelopment RECONVENED: 8:34 p.m. llb. Renewal of Mendocino Transit Authority - Joint Powers A~reement for Fiscal Year 1988/89 The Acting City Manager/Electric Utilities Director reported on the JPA for 1988/89. M/S Hickey/Schneiter approved renewal of the Mendocino Transit Authority's JPA for 1988/89. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Councilmember Myers expressed concern with the City not being timely with their response to Mr. Richard's letter of December 21, 1987, and the matter not reaching the Council Agenda until March. Council concurred with the importance of the issue. llc. Discussion of "You've Got The Power" - Shoemaker Councilmember Shoemaker believes the proposed program should be encouraged and had tried to reach the high school principal, Mr. Gary, with no success regarding the same. Councilmember Hickey will continue to try to reach Mr. Gary. Council noted support for the program. lld. Award of Bid - Two Pickup Trucks Councilmember Hickey stated he would like to see businesses within the City limits given some kind of a credit when bidding on items or projects within their jurisdiction. It would be the hope that more businesses could be encouraged into the City limits. M/S Hickey/Shoemaker awarded the bid to Ken Fowler Motors for two Mazda B-2200 pickup trucks in the amount of $16,147.99. The motion was carried by the Reg. Mtg. March 16, 1988 Page 4 105 following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. lle. Award of Bid - Hangar Doors Councilmember Shoemaker noted a local contractor was being awarded the bid and questioned the difference between the bids submitted. The Public Works Director/City Engineer believes the difference could be travel time to the job and bidding on a different brand of doors. M/S Shoemaker/Hickey awarded the bid to Jet-Con Enterprises to furnish and install hangar doors at the Ukiah Municipal Airport in the amount of $14,437.00. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Comments From Audience Morey McCloud believes the City should either get in or out of the emergency aid service. They now do not provide transportation but go out on all emergency aid calls. City Council Reports Councilmember Shoemaker Noted a MDC meeting tomorrow, Chamber is working on video, hopes to attend a CALED conference on April 13, 14, 15, and will be out of town for the April 6, 1988 City Council meeting. Councilmember Myers None. Councilmember Hickey None. Councilmember Schneiter Attended MCOG meeting on March 7, the State's Transportation Program and the County's solid waste situation was discussed. Mayor Henderson Noted Mrs. Romer has donated some more lilacs to the City, will be gone for the April 6, 1988 City Council meeting and noted the upcoming Loggers Conference this weekend. After some discussion of who would not be attending the April 6, 1988 City Council meeting it was decided that the meeting would have to be cancelled due to a lack of a quorum. Closed Session The City Attorney recommended that Council go into Closed Session under the Pending Litigation exception to the Brown Act, Section 54956.9, Subsection B to discuss City of Ukiah vs. Transcontinental Insurance Company, et al., San Francisco Superior Court Case No. 861774 and Underground Construction Company vs. the City of Ukiah, et al., Mendocino County Superior Court Case No. 50850. Further under the Threatened Litigation exception, Section 54956.9, S~section B-1. M/S Hickey/Shoemaker to go into Closed Session to discuss Pending Litigation as follows: 1. City of Ukiah vs. Transcontinental Insurance Company, et al., San Francisco Superior Court Case No. 861774. Reg. Mtg. March 16, 1988 Page 5 106 2. Underground Construction Company vs. the City of Ukiah, et al., Mendocino County Superior Court Case No. 50850. And Threatened Litigation The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Council went into Closed Session at 8:55 p.m. Council reconvened at 9:48 p.m. Council announced that the Mayor will send a letter to the Ukiah Valley Fire Protection District noting the City of Ukiah will not submit a formal bid to provide fire protection but remains open to discuss the issue. Adjournment There being no further business the meeting was adjourned at 9:48 p.m. to March 23, 1988 at noon. Yvette S. Hayes City Clerk Reg. Mtg. March 16, 1988 Page 6